Let's get it right: race and justice 2000 - Nacro

Let’s get it rightmore difficult for black prisoners who have also to deal with possiblediscrimination because of their race. Prison overcrowding which leadsto black prisoners being held in prisons many miles away from theirown communities can mean that links to family and friends aredamaged or broken during time in prison. All these factors can affectresettlement in the community after release. Prisons and localprobation services need to work closely with local authorities andcommunity groups to ensure resettlement services for black prisonersare available.The intention of the Rehabilitation of Offenders Act 1974 is toencourage employers not to discriminate against ex-offenders seekingwork. It is generally agreed that stable employment is one of the mostimportant factors towards reducing reoffending. The Act provides thatoffences become ‘spent’, or forgotten, after a certain period of time(apart from people seeking work with children, or in certainoccupations such as the law). The time before offences can be wipeddepends on how long the original sentence was.However, since 1974 sentence lengths have increased considerably forall prisoners, while jobs have become harder to get in the currentemployment market. As noted above, black offenders tend to receivelonger sentences than white offenders, which in turn affects the lengthof time before offences can be considered spent.There is a need to review the Act in the light of sentencing trends toensure that it is not having a discriminatory impact on any group ofprisoners.Criminal Cases Review CommissionWith a remit to investigate cases where miscarriages of justice havebeen alleged, it is crucial that the Commission can demonstratefairness in the way it handles cases submitted to it. Many recent highprofile cases have involved minority defendants.As a result of the Inquiry Report, the Commission has established asteering group drawn from all levels within the organisation. Thegroup has identified three key areas where it will conduct an audit ofwhat is currently happening, identify good practice elsewhere, andalso target in terms of implementation and monitoring performance.These are the role of the Commission: as an employer (ie recruitment,retention and progression); as a service delivery organisation (ie thequality and sensitivity of its casework and decision-making process);and in communicating externally with various audiences.Associated with this activity and any structural changes will be thetraining necessary to ensure the awareness of and sensitivity towardsrace issues is sustained. Ethnic monitoring is conducted on new casesand on employment.ACTION POINTS Probation services must ensurecommunity penalties forminority defendants areprovided and recommended tocourts, and that theirprogrammes meet the needs ofa diverse population. Ethnic monitoring of the newCrime and Disorder Act youthjustice provisions must be usedlocally to ensure fairness ofapplication to all young people. Probation services mustsupport community-abasedgroups which work withoffenders. Fairness, justice and safety inprisons must be given urgentpriority, with more time andresources allocated for the workat local level. Conditions for immigrationdetainees should reflect theirunconvicted status and caterfor the diverse range of peopleheld in detention centres andprisons. Race relations in private prisonsmust be subject to same qualitycontrol as in the state system. The Chief Inspector of Prisonsshould conduct a thematicreview of race relations inprisons. The Government must reviewthe provisions and applicationof the Rehabilitation ofOffenders Act 1974 to ensure itis not discriminatory.46